Negligent investigation by police : can a duty of care be found using the existing negligence principles in Australia?

Yule, Jennifer M.
(2008)
Negligent investigation by police : can a duty of care be found using the existing negligence principles in Australia?
Journal of Australasian Law Teachers Association, 1, pp. 379-389.

Abstract

The Supreme Court of Canada, by majority, has found a tort of negligent investigation. The reasons for the decision were that there was a sufficiently close relationship between the investigating police officer and the particularized suspect for there to be a duty of care owed and there was no compelling policy reason why this duty of care should not be found. However it was decided that this duty of care was not breached. It will be considered in this paper whether courts can find a duty of care owed by police officers to suspects using the existing negligence principles in Australia, in accordance with the reasoning of the High Court in cases like Sullivan v Moody and Tame.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.